Personal Directives (Ministerial) Regulation (Alta. Reg. 26/1998)

Alta. Reg. 26/1998

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 26/1998 With amendments up to and including Alberta Regulation 192/2025 Current as of July 30, 2025 PERSONAL DIRECTIVES ACT PERSONAL DIRECTIVES (MINISTERIAL) REGULATION

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 192/2025) ALBERTA REGULATION 26/98 Personal Directives Act PERSONAL DIRECTIVES (MINISTERIAL) REGULATION Table of Contents 2 Designation by name of office or position 3 Persons to contact 4 Service of originating notice 5 Forms 7 Repeal Schedules 1 Repealed AR 98/2008 s3. Designation by name of office or position 2(1) For the purposes of

section 7(3) of the Act, persons who are service providers to a maker may not be designated by the maker as agents by office or position.

(2) Persons referred to in subsection (1) may only be designated as agents by their name. 2.1 Repealed 2024 c19 s13. (NOTE: Pursuant to

section 1(2) of the

Interpretation Act, AR 26/98 s2.1 is deemed to have been repealed on the coming into force of 2024 c19 s13.) Persons to contact 3(1) For the purposes of sections 19(2) and 24(2) of the Act, if no nearest relative can be contacted, then every reasonable effort must be made to contact the maker’s legal representative.

(2) If none of the maker’s legal representatives can be contacted, the Public Guardian must be contacted.

Section 4 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 2 Service of originating notice 4 For the purposes of

section 26(1) of the Act, the application must be served on the following persons: (

a) the maker’s legal representatives; (

b) the maker’s nearest relative. AR 26/98 s4;164/2010 Forms 5(1) The form of a personal directive for the purposes of

section 6.1 of the Act is set out in

Schedule 1.

(2) The form of a declaration for the purposes of

section 9(2)(

a) of the Act is set out in

Schedule 2.

(3) The form of a declaration for the purposes of

section 9(2)(

b) of the Act is set out in

Schedule 3.

(4) The form of a determination for the purposes of

section 10.1(1) of the Act is set out in

Schedule 4.

(5) The form of a determination for the purposes of

section 10.1(2) of the Act is set out in

Schedule 5.

(6) The form of a determination for the purposes of

section 10.1(5) of the Act is set out in

Schedule 6.

(7) The form of a complaint for the purposes of

section 24.2 of the Act is set out in

Schedule 7. AR 26/98 s5;98/2008 6 Repealed AR 8/2018 s2. Repeal 7 The Personal Directives Regulation (AR 225/97) is repealed.

Schedule 1 Personal Directive (Section 6.1) I, (name of maker) , make this Personal Directive. This Personal Directive takes effect with respect to personal matters that relate to me when it is determined, in accordance with the Personal Directives Act, that I do not have capacity to make personal decisions with respect to those matters.

Schedule 1 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 3 I have placed my initials next to the provisions in this document that form part of my Personal Directive. 1. Revocation of previous personal directive Initials I revoke all previous personal directives made by me. 2. Designation of agent Initials I designate (name of agent or agents) as my agent(s). OR Initials I designate the Public Guardian as my agent. I have consulted with the Public Guardian and the Public Guardian is satisfied that no other person is able and willing to act as my agent. The Public Guardian has agreed to be my agent.

OR Initials I do not wish to designate an agent, but provide the following information and instructions to be followed by a service provider who intends to provide personal services to me: 3. Areas of authority Initials I give my agent(

s) the authority to make personal decisions on my behalf for all the personal matters, of a non-financial nature, that relate to me. OR Initials I give the following agent(

s) the authority to make personal decisions on my behalf for the following personal matters, of a non-financial nature, that relate to me: Initials health car e (name of agent(s)) ; Initials accommodation (name of agent(s)) ; Initials with whom I may live and associate (name of agent(s)) ; Initials participation in social activities (name of agent(s)) ; Initials participation in educational activities (name of agent(s)) ; Initials participation in employment activities (name of agent(s)) ; Initials legal matters (name of agent(s)) ;

Schedule 1 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 4 Initials other personal matters as follows (name of agent(s)) : 4. Designation of agent for temporary care and education of minor child(ren) (Optional) Initials I designate (name of agent) as an agent who has the authority to take over the care and education of my minor child(ren) until one of the events described in

section 7(1)(

e) of the Act happens. 5. Specific instructions (Optional) Initials I instruct my agent(

s) to carry out the following specific instructions when making decisions about my personal matters: Initials______ If I have not designated an agent, or if my agent(

s) are unable or unwilling to make a personal decision or cannot be contacted after every reasonable effort has been made, I instruct a service provider who intends to provide personal services to me to follow the following instructions that are relevant to the decision to be made: 6. Other information (Optional) Initials I provide the following information to help my agent(

s) understand my wishes, beliefs and values when making decisions about my personal matters: 7. Who determines my capacity (Optional) Initials I designate (name of individual(s)) , to determine my capacity under

section 9 of the Personal Directives Act. 8. Notification (Optional) Initials If a determination is made under the Personal Directives Act that I lack capacity to make personal decisions, I instruct the person making the determination to provide a copy of the declaration to me, the agent(

s) I have designated in this Personal Directive, if any, and the following people: 9. Signatures Signed by me in the presence of my witness at (location) , in the Province of Alberta, this (day) of (month) , (year) . (signature of maker) (signature of witness in the presence of maker) (printed name of witness) (address of witness) Note: Witness should also initial provisions initialled by maker.

Schedule 2 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 5 Note: The following persons may not witness the signing of a personal directive: ● a person designated in the directive as an agent ● the spouse or adult interdependent partner of a person designated in the directive as an agent ● the spouse or adult interdependent partner of the maker ● a person who signs the directive on behalf of the maker ● the spouse or adult interdependent partner of a person who signs the directive on behalf of the maker Note regarding signatures: In certain circumstances, persons are deemed to be in each other’s presence while connected to each other by an electronic method of communication in which they are able to see, hear and communicate with each other in real time.

See

section 5.1(1) of the Act for the specific requirements for persons to be deemed to be in each other’s presence. 10. Acknowledgement (Optional) I (We) acknowledge that I(we) have received a copy of this personal directive. Name of Agent Signature of Agent Location Where Signed Date of Signing Telephone Numbers of Agent Mailing Address of Agent E-mail Address of Agent AR 98/2008 s5;142/2020;147/2022;66/2024;192/2025

Schedule 2 Declaration of Incapacity to Make Decisions about a Personal Matter (Section 9(2)(a)) (To be used when a person designated in the personal directive to determine capacity consults with a physician or psychologist.)

Part 1 (To be completed by the person designated in the personal directive to determine capacity after consultation with a physician or psychologist.) “capacity” means the ability to understand the information that is relevant to the making of a personal decision and the ability to appreciate the reasonably foreseeable consequences of the decision (s1(

b) of the Personal Directives Act). I, (name) , am designated in the personal directive made by the maker, (name of maker) , as the person who is to determine his/her capacity.

Schedule 2 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 6 Before conducting an assessment of the capacity of the maker, I met with the maker and explained the purpose and nature of the assessment, the maker’s right to refuse to be assessed and the significance and effect of a finding that the maker lacks capacity to make personal decisions. The reason(

s) I assessed the maker’s capacity are as follows: I identified that an assessment of the maker’s capacity to make personal decisions was warranted with respect to the following personal matters: After consulting with (name of Alberta physician or psychologist) and interviewing the maker, I have determined and declare that (name of maker) lacks the capacity to make decisions about the following personal matter(

s) of a non-financial nature (check any or all that apply): □ health care □ accommodation □ with whom to live and associate □ participation in social activities □ participation in educational activities □ participation in employment activities □ legal matters □ other:_____________ The reasons for my determination are as follows: 1. The level of consciousness of the maker at the time of my determination was (check one): □ alert □ fluctuating □ non-responsive 2. It is my understanding that all temporary medical conditions that may affect the maker’s capacity have been ruled out: □ YES 3.

In my opinion, the maker: ● Is unable to understand the information that is needed to make a decision about the above-specified personal matter(

s) and is unable to understand the options presented. □ Yes □ No My reason(

s) for this opinion are as follows: ● Is unable to retain the information that is relevant to making a decision about the above-specified personal

Schedule 2 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 7 matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: ● Is unable to identify and appreciate the consequences of making or not making a decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: ● Is unable to communicate his/her decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: I recommend that this declaration be reviewed on (date) . (Optional) Dated at (location) in the Province of Alberta this (day) day of (month) , (year) . Signature of person Printed name of person completing

Part 1 completing

Part 1

Part 2 (To be completed by the physician or psychologist consulted by the person who completed

Part 1.) I, (name) , am a member in good standing of the (College of Physicians and Surgeons of the Province of Alberta/College of Alberta Psychologists) . Before conducting an assessment of the capacity of the maker, (name of maker) , I met with the maker and explained the purpose and nature of the assessment, the maker’s right to refuse to be assessed and the significance and effect of a finding that the maker lacks capacity to make personal decisions. I have interviewed the maker and consulted with (name of person who completed

Part 1) . The reason(

s) I assessed the maker’s capacity are as follows: I am of the opinion that (name of maker) lacks the capacity to make decisions about the following personal matter(

s) of a non-financial nature (check any or all that apply):

Schedule 2 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 8 □ health care □ accommodation □ with whom to live and associate □ participation in social activities □ participation in educational activities □ participation in employment activities □ legal matters □ other:_____________ The reasons for my determination are as follows: 1. The level of consciousness of the maker at the time of my determination was (check one): □ alert □ fluctuating □ non-responsive 2.

Based on a medical evaluation by (name of physician) on (day/month/year) , all temporary medical conditions that may affect the capacity of the maker have been ruled out: □ YES 3. In my opinion, the maker: ● Is unable to understand the information that is needed to make a decision about the above-specified personal matter(

s) and is unable to understand the options presented. □ Yes □ No My reason(

s) for this opinion are as follows: ● Is unable to retain the information that is relevant to making a decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: ● Is unable to identify and appreciate the consequences of making or not making a decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: ● Is unable to communicate his/her decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows:

Schedule 3 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 9 4. I have attached a more detailed capacity assessment or report. (Optional) □ Yes □ No I recommend that this declaration be reviewed on (date) . (Optional) Dated at (location) in the Province of Alberta this (day) day of (month) , (year) . Signature of physician/ Printed name of physician/ psychologist completing

Part 2 psychologist completing

Part 2 AR 26/98 Sched.;59/2003;98/2008

Schedule 3 Declaration of Incapacity to Make Decisions about a Personal Matter (Section 9(2)(b))

Part 1 (To be completed by a service provider who is a physician or psychologist.) “capacity” means the ability to understand the information that is relevant to the making of a personal decision and the ability to appreciate the reasonably foreseeable consequences of the decision (s1(

b) of the Personal Directives Act). I, (name) , am a member in good standing of the (College of Physicians and Surgeons of the Province of Alberta/College of Alberta Psychologists) . Before conducting an assessment of the capacity of the maker, (name of maker) , I met with the maker and explained the purpose and nature of the assessment, the maker’s right to refuse to be assessed and the significance and effect of a finding that the maker lacks capacity to make personal decisions. The reason(

s) I assessed the maker’s capacity are as follows: I identified that an assessment of the maker’s ability to make personal decisions was warranted with respect to the following personal matters: I have interviewed the maker and have determined that the maker lacks the capacity to make a decision about the following personal matter(

s) of a non-financial nature (check any or all that apply): □ health care □ accommodation

Schedule 3 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 10 □ with whom to live and associate □ participation in social activities □ participation in educational activities □ participation in employment activities □ legal matters □ other:_____________ The reasons for my determination are as follows: 1. The level of consciousness of the maker at the time of my determination was (check one): □ alert □ fluctuating □ non-responsive 2.

Based on a medical evaluation made by (name of physician) on (day/month/year) , all temporary medical conditions that may affect the capacity of the maker have been ruled out: □ YES 3. In my opinion, the maker: ● Is unable to understand the information that is needed to make a decision about the above-specified personal matter(

s) and is unable to understand the options presented. □ Yes □ No My reason(

s) for this opinion are as follows: ● Is unable to retain the information that is relevant to making a decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: ● Is unable to identify and appreciate the consequences of making or not making a decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: ● Is unable to communicate his/her decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: 4. I have attached a more detailed capacity assessment or report. (Optional) □ Yes □ No

Schedule 3 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 11 I recommend that this declaration be reviewed on (date) . (Optional) Dated at (location) in the Province of Alberta this (day) day of (month) , (year) . Signature of physician/ Printed name of physician/ psychologist completing

Part 1 psychologist completing

Part 1

Part 2 (To be completed by a service provider.) I, (name) , am (title/position of service provider) . Before conducting an assessment of the capacity of the maker, (name of maker) , I met with the maker and explained the purpose and nature of the assessment, the maker’s right to refuse to be assessed and the significance and effect of a finding that the maker lacks capacity to make personal decisions. The reason(

s) I assessed the maker’s capacity are as follows: I identified that an assessment of the maker’s ability to make personal decisions was warranted with respect to the following personal matters: I have interviewed the maker and have determined that the maker lacks the capacity to make a decision about the following personal matter(

s) of a non-financial nature (check any or all that apply): □ health care □ accommodation □ with whom to live and associate □ participation in social activities □ participation in educational activities □ participation in employment activities □ legal matters □ other:_____________ The reasons for my determination are as follows: 1. The level of consciousness of the maker at the time of my determination was (check one): □ alert □ fluctuating □ non-responsive

Schedule 3 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 12 2. It is my understanding that all temporary medical conditions that may affect the maker’s capacity have been ruled out: □ YES 3. In my opinion, the maker: ● Is unable to understand the information that is needed to make a decision about the above-specified personal matter(

s) and is unable to understand the options presented. □ Yes □ No My reason(

s) for this opinion are as follows: ● Is unable to retain the information that is relevant to making a decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: ● Is unable to identify and appreciate the consequences of making or not making a decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: ● Is unable to communicate his/her decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: 4. I have attached a more detailed capacity assessment or report. (Optional) □ Yes □ No I recommend that this declaration be reviewed on (date) . (Optional) Dated at (location) in the Province of Alberta this (day) day of (month) , (year) . Signature of service Printed name of service provider completing

Part 2 provider completing

Part 2 AR 26/98 Sched.;59/2003;98/2008

Schedule 4 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 13

Schedule 4 Determination of Regained Capacity (Section 10.1(1)) (To be used after a personal directive is in effect when an agent of the maker notices a significant change in the maker’s capacity and a service provider who provides health care services agrees that the maker has regained the capacity to make decisions about personal matters.)

Part 1 “capacity” means the ability to understand the information that is relevant to the making of a personal decision and the ability to appreciate the reasonably foreseeable consequences of the decision (s1(

b) of the Personal Directives Act). “significant change” means an observable and sustained improvement that does not appear to be temporary (s1(

o) of the Personal Directives Act).

The maker, (name of maker) , has a personal directive that is in effect with respect to the following personal matters: □ health care □ accommodation □ with whom to live and associate □ participation in social activities □ participation in educational activities □ participation in employment activities □ legal matters □ other:_____________ I, (name of agent) , am designated in the maker’s personal directive as an agent with authority to make personal decisions for the following personal matters: □ health care □ accommodation □ with whom to live and associate □ participation in social activities □ participation in educational activities □ participation in employment activities □ legal matters □ other:_____________ I spoke with the maker, (name of maker) , about whether he/she has regained capacity to make personal decisions. (Required)

Schedule 4 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 14 I spoke with (name of service provider) , a service provider who has recently provided a health care service to the maker, about whether the maker has regained capacity to make personal decisions. (Required) I spoke with (name of agent(s)) , other agents named in the personal directive, about whether the maker has regained capacity to make personal decisions. (Optional) I have reviewed health or other records about the maker that are relevant to my assessment of the maker’s capacity, and have discussed the records with (name of physician or health care practitioner) , the maker’s physician or other health care practitioner. (Optional) I have considered recent statements or recommendations made by (names of health care practitioners) , health care practitioners who were consulted about the maker’s capacity. (Optional) In assessing whether the maker has regained capacity: 1. □ I have observed a significant change in the maker’s capacity, OR □ I am satisfied that (name of service provider) , a service provider who provides health care services to the maker, has observed a significant change in the maker’s capacity. (One of the above is required) 2. □ I have considered statements or other evidence provided by (name) , a service provider, agent or other person, that corroborate that there has been a change in the maker’s capacity to make personal decisions. (Required) Details respecting the statements or other evidence I considered are as follows: 3. □ I considered the following period of time over which the change in the maker’s capacity was observed by the service provider, agents or other person: _________to _________. (Required) I have determined that the maker has regained the capacity to make decisions about the following personal matter(s) (check any or all that apply): □ health care □ accommodation □ with whom to live and associate

Schedule 4 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 15 □ participation in social activities □ participation in educational activities □ participation in employment activities □ legal matters □ other:_____________ In addition to my opinions expressed above, I wish to add the following comments in support of my determination (Optional): Dated at (location) in the Province of Alberta this (day) day of (month) , (year) . Signature of agent Printe d name of agent

Part 2 I, (name of service provider) , am a service provider who provides health care services. I have consulted with (name of agent who completed

Part 1) , an agent of the maker, about whether the maker has regained capacity to make personal decisions. (Required) I spoke with the maker, (name of maker) , about whether he/she has regained capacity to make personal decisions. (Required) I spoke with (name of service provider) , a service provider who has recently provided a health care service to the maker, about whether the maker has regained capacity to make personal decisions. (Required) I spoke with (name of agent(s)) , other agents named in the personal directive, about whether the maker has regained capacity to make personal decisions. (Optional) I have reviewed health or other records about the maker that are relevant to my assessment of the maker’s capacity, and have discussed the records with (name of physician or health care practitioner) , the maker’s physician or other health care practitioner. (Optional) I have considered recent statements or recommendations made by (names of health care practitioners) , health care practitioners who were consulted about the maker’s capacity. (Optional) In assessing whether the maker has regained capacity: 1.

I am satisfied that □ (name of agent) , an agent of the maker, or

Schedule 4 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 16 □ (name of service provider) , a service provider who provides health care services to the maker, has directly observed a significant change in the maker’s capacity. (One of the above is required) 2. □ I have considered statements or other evidence provided by (name) , a service provider, agent or other person, that corroborate that there has been a change in the maker’s capacity to make personal decisions. (Required) Details respecting the statements or other evidence I considered are as follows: 3. □ I considered the following period of time over which the change in the maker’s capacity was observed by the service provider, agents or other person: _________to _________. (Required) I have determined that the maker has regained the capacity to make decisions about the following personal matter(s) (check any or all that apply): □ health care □ accommodation □ with whom to live and associate □ participation in social activities □ participation in educational activities □ participation in employment activities □ legal matters □ other:_____________ In addition to my opinions expressed above, I wish to add the following comments in support of my determination (Optional): Dated at (location) in the Province of Alberta this (day) day of (month) , (year) .

Signature of Printed name of service provider service provider AR 98/2008 s5

Schedule 5 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 17

Schedule 5 Determination of Regained Capacity (Section 10.1(2)) (To be used after a personal directive is in effect when a service provider who provides or intends to provide health care services to the maker notices a significant change in the maker’s capacity.)

Part 1 “capacity” means the ability to understand the information that is relevant to the making of a personal decision and the ability to appreciate the reasonably foreseeable consequences of the decision (s1(

b) of the Personal Directives Act). “significant change” means an observable and sustained improvement that does not appear to be temporary (s1(

o) of the Personal Directives Act). The maker, (name of maker) , has a personal directive that is in effect with respect to the following personal matters: □ health care □ accommodation □ with whom to live and associate □ participation in social activities □ participation in educational activities □ participation in employment activities □ legal matters □ other:_____________ I, (name of service provider) , am a service provider who provides or intends to provide health care services to the maker.

I spoke with the maker, (name of maker) , about whether he/she has regained capacity to make personal decisions. (Required) I spoke with (name of service provider) , a service provider who has recently provided a health care service to the maker, about whether the maker has regained capacity to make personal decisions. (Required) I spoke with (name of agent(s)) , agent(

s) named in the personal directive, about whether the maker has regained capacity to make personal decisions. (Optional) I have reviewed health or other records about the maker that are relevant to my assessment of the maker’s capacity, and have discussed the records with (name of physician or health care

Schedule 5 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 18 practitioner) , the maker’s physician or other health care practitioner. (Optional) I have considered recent statements or recommendations made by (names of health care practitioners) , health care practitioners who were consulted about the maker’s capacity. (Optional) In assessing whether the maker has regained capacity: 1.

I am satisfied that □ (name of agent) , an agent of the maker, or □ (name of service provider) , a service provider who provides health care services to the maker, has directly observed a significant change in the maker’s capacity. (One of the above is required) 2. □ I have considered statements or other evidence provided by (name) , a service provider, agent or other person, that corroborate that there has been a change in the maker’s capacity to make personal decisions. (Required) Details respecting the statements or other evidence I considered are as follows: 3. □ I considered the following period of time over which the change in the maker’s capacity was observed by the service provider, agents or other person: _________to _________. (Required) I have determined that the maker has regained the capacity to make decisions about the following personal matter(s) (check any or all that apply): □ health care □ accommodation □ with whom to live and associate □ participation in social activities □ participation in educational activities □ participation in employment activities □ legal matters □ other:_____________ In addition to my opinions expressed above, I wish to add the following comments in support of my determination (Optional):

Schedule 5 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 19 Dated at (location) in the Province of Alberta this (day) day of (month) , (year) . Signature of Printed name of service provider service provider

Part 2 (To be used if an agent is designated in the personal directive with authority to make personal decisions in the personal matter noted in

Part 1 above.) I, (name of agent) , am designated in the maker’s personal directive as an agent with authority to make personal decisions for the following personal matters: □ health care □ accommodation □ with whom to live and associate □ participation in social activities □ participation in educational activities □ participation in employment activities □ legal matters □ other:_____________ I have consulted with (name of service provider who completed

Part 1) , a service provider who provides or intends to provide health care services to the maker, about whether the maker has regained capacity to make personal decisions. (Required) I spoke with the maker, (name of maker) , about whether he/she has regained capacity to make personal decisions. (Required) I spoke with (name of service provider) , a service provider who has recently provided a health care service to the maker, about whether the maker has regained capacity to make personal decisions. (Required) I spoke with (name of agent(s)) , other agents named in the personal directive, about whether the maker has regained capacity to make personal decisions. (Optional) I have reviewed health or other records about the maker that are relevant to my assessment of the maker’s capacity, and have discussed the records with (name of physician or health care practitioner) , the maker’s physician or other health care practitioner. (Optional)

Schedule 5 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 20 I have considered recent statements or recommendations made by (names of health care practitioners) , health care practitioners who were consulted about the maker’s capacity. (Optional) In assessing whether the maker has regained capacity: 1.

I am satisfied that □ (name of agent) , an agent of the maker, or □ (name of service provider) , a service provider who provides health care services to the maker, has directly observed a significant change in the maker’s capacity. (One of the above is required) 2. □ I have considered statements or other evidence provided by (name) , a service provider, agent or other person, that corroborate that there has been a change in the maker’s capacity to make personal decisions. (Required) Details respecting the statements or other evidence I considered are as follows: 3. □ I considered the following period of time over which the change in the maker’s capacity was observed by the service provider, agents or other person: _________to _________. (Required) I have determined that the maker has regained the capacity to make decisions about the following personal matter(s) (check any or all that apply): □ health care □ accommodation □ with whom to live and associate □ participation in social activities □ participation in educational activities □ participation in employment activities □ legal matters □ other:_____________ In addition to my opinions expressed above, I wish to add the following comments in support of my determination (Optional): Dated at (location) in the Province of Alberta this (day) day of (month) , (year) .

Schedule 6 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 21 Signature of agent Printed name of agent AR 98/2008 s5

Schedule 6 Determination of Regained Capacity (Section 10.1(5)) (To be completed by 2 service providers, one of whom is a physician or psychologist, after a personal directive is in effect when the agent and a service provider who provides health care services to the maker disagree that the maker has regained the capacity to make decisions about personal matters.)

Part 1 “capacity” means the ability to understand the information that is relevant to the making of a personal decision and the ability to appreciate the reasonably foreseeable consequences of the decision (s1(

b) of the Personal Directives Act). “significant change” means an observable and sustained improvement that does not appear to be temporary (s1(

o) of the Personal Directives Act). I, (name of consulted physician/psychologist) , am a member in good standing of the (College of Physicians and Surgeons of the Province of Alberta/College of Alberta Psychologists) . I was asked by (name of agent or service provider) to assess the capacity of the maker, (name of maker) , because the maker’s agent and a service provider who provides health care services to the maker have assessed the maker’s capacity and disagree about whether the maker has regained the capacity to make decisions about personal matters.

I identified that an assessment of the maker’s ability to make personal decisions was warranted with respect to the following personal matters: Before conducting an assessment of the maker’s capacity, I determined that it was in the best interest of the maker to conduct the assessment, and met with the maker and explained to the maker the purpose and nature of the assessment. I have interviewed the maker and determined that he/she has regained the capacity to make decisions about the following

Schedule 6 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 22 personal matter(

s) of a non-financial nature (check any or all that apply): □ health care □ accommodation □ with whom to live and associate □ participation in social activities □ participation in educational activities □ participation in employment activities □ legal matters □ other:_____________ The reasons for my determination are as follows: 1. The level of consciousness of the maker at the time of my determination was (check one): □ alert □ fluctuating □ non-responsive 2. I have identified and ruled out any temporary medical conditions that may affect the maker’s capacity to make personal decisions: □ Yes 3.

In my opinion, the maker: ● Is able to understand the information that is needed to make a decision about the above-specified personal matter(

s) and is unable to understand the options presented. □ Yes □ No My reason(

s) for this opinion are as follows: ● Is able to retain the informa tion that is relevant to making a decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: ● Is able to identify and appreciate the consequences of making or not making a decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: ● Is able to communicate his/her decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows:

Schedule 6 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 23 4. I have attached a more detailed capacity assessment or report. (Optional) □ Yes □ No Dated at (location) in the Province of Alberta this (day) day of (month) , (year) . Signature of physician/ Printed name of physician/ psychologist completing

Part 1 psychologist completing

Part 1

Part 2 I, (name and title/position of service provider) , am a service provider. The reason(

s) I assessed the maker’s capacity are as follows: I identified that an assessment of the maker’s ability to make personal decisions was warranted with respect to the following personal matters: Before conducting an assessment of the maker’s capacity, I determined that it was in the best interest of the maker to conduct the assessment, and met with the maker and explained to the maker the purpose and nature of the assessment. I have interviewed the maker and determined that he/she has regained the capacity to make decisions about the following personal matter(

s) of a non-financial nature (check any or all that apply): □ health care □ accommodation □ with whom to live and associate □ participation in social activities □ participation in educational activities □ participation in employment activities □ legal matters □ other:_____________ The reason(

s) for my determination are as follows: 1. The level of consciousness of the maker at the time of my determination was (check one): □ alert □ fluctuating □ non-responsive

Schedule 7 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 24 2. I have identified and ruled out any temporary medical conditions that may affect the maker’s capacity to make personal decisions: □ Yes 3. In my opinion, the maker: ● Is able to understand the information that is needed to make a decision about the above-specified personal matter(

s) and is unable to understand the options presented. □ Yes □ No My reason(

s) for this opinion are as follows: ● Is able to retain the informa tion that is relevant to making a decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: ● Is able to identify and appreciate the consequences of making or not making a decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: ● Is able to communicate his/her decision about the above-specified personal matter(s). □ Yes □ No My reason(

s) for this opinion are as follows: 4. I have attached a more detailed capacity assessment or report. (Optional): □ Yes □ No Dated at (location) in the Province of Alberta this (day) day of (month) , (year) . Signature of service Printed name of service provider completing

Part 2 provider completing

Part 2 AR 98/2008 s5

Schedule 7 Complaint to the Public Guardian (section 24.2) 1. Your contact information (

a) What is your name, address, preferred telephone contact number and alternate telephone number (please state whether these numbers are for home, work, cell, pager or

Schedule 7 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 25 other), e-mail address (if any), fax number (if any)? Please write in the space below. (

b) What is your relationship to the person who made the personal directive? 2. Information about the person who made the personal directive (if known): What is the maker’s name, address, preferred telephone contact number and alternate telephone number (please state whether these numbers are for home, work, cell, pager or other), e-mail address (if any), fax number (if any)? Please write in the space below. 3.

Information about the agent (person named in the personal directive to make decisions on behalf of the maker and who is the subject of your complaint) if known: What is the agent’s name, a ddress, preferred telephone contact number and alternate telephone number (please state whether these numbers are for home, work, cell, pager or other), e-mail address (if any), fax number (if any)? Please write in the space below. 4. Information about the personal directive (

a) Do you have any other info rmation about the personal directive (such as areas of agent’s authority to make decisions)? If so, please write in the space below. (

b) What is the date when the p ersonal directive was brought into effect (if known)? 5. Nature of your complaint (

a) What are the details of your complaint, including dates or time periods and any steps you may have taken to resolve the matter? Please write in the space below. (

b) If you think this complaint requires the urgent attention of the Public Guardian and there is immediate concern about the safety of the maker, please explain why in the space

Schedule 7 AR 26/98 PERSONAL DIRECTIVES (MINISTERIAL) REGULATION 26 below: NOTE: A complaint may only be made about a matter referred to in

section 24.2 of the Personal Directives Act. 6. People who can provide further information What are the full names, titles (if any), addresses and preferred telephone contact numbers and alternate telephone numbers of any person who may be able to provide further information about your complaint or about the maker’s circumstances? [optional]. Please write in the space below.

NOTE: If the subject-matter of your complaint could be an offence under the Criminal Code (Canada), abuse against a client under the Protection for Persons in Care Act or an offence under another statute or regulation of Alberta, the Public Guardian will refer the complaint to a police service or appropriate government ministry in accordance with s24.6 of the Personal Directives Act. Dated at (location) in the Province of Alberta this (day) day of (month) , (year) . Signature of Person Making Complaint Your personal information is being collected under

section 24.5 of the Personal Directives Act and will be used for the purposes of conducting an investigation or resolving a complaint under

Part 4.1 of the Personal Directives Act, making a Court application under

section 25 of the Personal Directives Act or as authorized or required under the Protection of Privacy Act or other enactment. If you have any questions about this collection, you may contact the Office of the Public Guardian at (780) 422-1868. AR 98/2008 s5;142/2025

Printed on Recycled Paper *9780779856572*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 26/1998
Type	regulation
Volume / chapter	1998 026
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	d77bb6a067ae8253d3a64dea9ba2ecfe42eb3c1f

Source file is stored in the law ingest library (pdf).